Lalwati Devi And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.21396 of 2017 Arising Out of PS.Case No. -130 Year- 2016 Thana -MADHUBAN DistrictEASTCHAMPARAN(MOTIHARI) ======================================================

1. Lalwati Devi wife of Meghu Sahani, Resident of Village- Haldiya Baba, Police Station- Madhuban, District- East Champaran.

2. Krishna Sahni, son of Meghu Sahni, Resident of Village- Haldiya Baba, Police Station- Madhuban, District- East Champaran .... Petitioners

Versus

1. The State of Bihar .... Opposite Party ====================================================== Appearance :

For the Petitioners : Mr. Dilip Kumar Tondon, Adv. For the Opposite Party : Mr. Pradeep Narain Kumar, APP 205 ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 01-07-2017 Heard the learned counsel for the petitioners and the State.

This is a petition for grant of anticipatory bail for offence under Sections 363 and 366A/34 of the Indian Penal Code. For land dispute, allegation in the first information report is that the petitioners kidnapped to Anjali Kumari, the daughter of the informant.

The victim-girl, in her statement under Section 164 of the Criminal Procedure Code, vide Annexure 2, has supported the allegation of abduction by saying that when she was returning from the school, petitioner, Lalwati Devi, asked her to accompany along with her to the house. In the meantime, three sons of Lalwati Devi, including the petitioner, Krishna Sahni, came on motorcycle and forcefully kidnapped her. They kept the victim for three days in a village and, thereafter, when Mahesh Sahni was carrying her on a cycle the police saw and intercepted. Submission of the learned counsel for the petitioners is that the parties have filed a compromise petition. The matter

Patna High Court Cr.Misc. No.21396 of 2017 (3) dt.01-07-2017 2/2 may be of love affairs. More over, kidnapping simplicitor is a bailable offence and no further allegation has been leveled by the victim.

Considering the entire facts, aforesaid, the petitioners, above named, in the event of their arrest or surrender, within four weeks from the date of receipt of this order, be released on anticipatory bail on furnishing bail bonds of Rs.20,000/- (rupees twenty thousand) each with two sureties of the like amount each in connection with Madhuban, P.S. Case No. 130 of 2016 to the satisfaction of the Additional Chief Judicial Magistrate, IV, East Champaran at Motihari, or successor Court, subject to the condition laid down under Section 438(2) of the Criminal Procedure Code.

(Birendra Kumar, J) SA/- U √ T √